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R22-0071 RESOLUTION NO. R22-QQ7 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 DECLARATION OF UNITY OF CONTROL WITH HABITAT FOR 6 HUMANITY OF SOUTH PALM BEACH COUNTY FOR LOTS 1118 7 & 1120 NE 2nd STREET TO ALLOW FOR A RESIDENTIAL DUPLEX 8 ON TWO SEPARATE PARCELS TO BE CONSTRUED IN 9 COMPLIANCE WITH LOCAL ZONING REQUIREMENTS; AND 10 PROVIDING AN EFFECTIVE DATE. 11 WHEREAS, conventional residential zoning (not planned residential district) regulations 12 restrict a duplex to a single parcel; and 13 WHEREAS, to facilitate Habitat for Humanity's (HFH) use of a land trust, and ability to still 14 deed each dwelling unit to a separate homeowner, individual parcels must exist for each housing 15 unit per requirements of the lender; and 16 WHEREAS, the proposed Declaration of Unified Control ensures that the land, despite 17 being in the form of two separate parcels, will otherwise exist like a single, unified parcel given its 18 ownership in entirety by HFH, and given the restrictions of the Declaration on further expansion 19 of the dwellings, and cross -access requirements, in part, for use of and parking on the property; 20 and 21 WHEREAS, the City Staff has reviewed the request and recommends approving and 22 authorizing the Mayor to sign the Declaration of Unity of Control with Habitat for Humanity of 23 South Palm Beach County for 1118 & 1120 NE 2nd Street to allow for a residential duplex on two 24 separate parcels to be construed in compliance with local zoning requirements. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission hereby approves and authorizes the Mayor to sign 30 the Declaration of Unity of Control with Habitat for Humanity of South Palm Beach County for S:\CA\RESO\Approving Declaration Of Unity Of Control Habitat For Humanity (NE 2nd) - Reso . DOCX 31 1118 & 1120 NE 2nd Street to allow for a residential duplex on two separate parcels to be construed 32 in compliance with local zoning requirements, a copy of which is attached hereto and 33 incorporated herein as Exhibit "A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 4th day of January, 2022 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 Mayor — Steven B. Grant 39 40 Vice -Mayor —Woodrow L. Hay 41 42 Commissioner —Justin Katz 43 44 Commissioner —Christina L. Romelus 45 46 Commissioner — Ty Penserga 47 48 VOTE 49 ATTEST: 50 51 52 ,Crystal Gibso , MMC 4 City Clerk 5 56 4 �� 57 (Corporate Seal) t <, 58 1` NORMA fl O YES NO S:\CA\RESO\Approving Declaration Of Unity Of Control Habitat For Humanity (NE 2nd) - Reso . DO CX e) Third Party beneficiary Palm Beach County has the right to enforce the Declaration through legal, equitable or administrative proceedings. f) The venue for any legal action regarding this covenant shall be in Palm Beach County Florida. g) Venue for any legal proceeding regarding this Declaration shall be In Palm Beach County, Florida. IN WITNESS WHEREOF, this instrument is executed on the day and year first above written. CITY OF BOYNTON BEACH ATTEST: g ,./7.';W:;./:y/ 4 :,l1 ti By — J [CLERK] [MAYOR] APPROVED AS TO FORM AND LEGAL SUFFICIENCY 9 /By: / A [CIT ATTORNEY] HABITAT FOR HUMANITY OF SOUTH PALM BEACH, INC. By: r1/49i6 1?-1/IL_ APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: - — - [ATTORNEY] Page 4of6 Prepared by end return to: Ryan S.Shipp,Esquire Law Office of Ryan S.Shipp,PLLC 814 W.Lantana,Rd.Suite#1 Lantana,FL 33462 561.699.0399 File Number. 6919(b) RELEASE OF DECLARATION OF UNITY OF TITLE KNOW ALL MEN BY THESE PRESENTS: That the undersigned,City of Boynton Beach,Florida hereby releases the Declaration of Unity of Title heretofore made and declared by Habitat for Humanity of South Palm Beach County,Inc.,a Florida not for profit corporation,on the 27b day of November,2018,and recorded on November 28, 2018 in the Office of the Clerk of the Circuit Court of Palm Beach County, Florida,In Official Records Book 30269 Pages 1349,relating and pertaining to the following described real estate in the City of Boynton Beach,County of Palm Beach.State of Florida,to wit SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF All terms,conditions and provisions contained in the aforementioned Declaration of Unity of Title are hereby released and cancelled. "'Upon the recording of this Release of Declaration of Unity of Title,the legal description In Exhibit "A"attached hereto shall serve as the new legal descriptions for the parcels as Instructed by the Declaration of Unity of Control recorded In the Public Records of Palm Beach County,Florida.••• r SIGNED AND SEALED this day of_ 0(a_ \\ ? ,2021. .• #"- CITY OF BOYNTON BEACH,FLORIDA • W8n ' y�a,•w�cJ cJGl2-(o� By: Wrtn:• �� Its: gri,e6,..---7L— State of Florida County of Palm Beach The foregoing instrument was acknowledged before me by means of[XI physical presence or u online notarization, this cA day of d MI P 2021 by _ as \-0't"vvThrN C [ is personally known or U has produced as identification.\ 0 PUSr�c TAMMY L STANZIONE _f�� `AT. Al J [Notary Seal] r d Commission t#GG 306158 Notary Public Tammy L. S •nzione os ,• l, o` Expires March 25,2023 -sof Buried T.Budget Notary Services Printed Name: J*� My Commission Expires: ,�/ APPROVED TO AS 0 F SUF CI C Page 1 of 2 CITY ATTORNEY /.! Habitat for Humanity of South Palm Beach County 181 SE 5"'Avenue Defray Beach,FL 33483 Exhibit`A° 08434521220040092 SOUTH 1/2 OF WEST 1/2 OF LOTS,BLOCK 4 OF MEEKS AND ANDREWS ADDITION,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOKS,PAGE 84,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. AND 08434521220040033 NORTH 65 FEET OF THE WEST 1/2 OF LOT 9,BLOCK 4 OF MEEKS AM)ANDREWS ADDTRON,ACCORDING TO THE PLAT THEREOF,AS RECORDED TN PLAT BOOK 5,PAGE 84,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. AND 08434521220040101 NORTH 75 FEET OF LOT 10,BLOCK 4 OF MEEKS AND ANDREWS ADDITION,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 5,PAGE 84,OF THE PUBUC RECORDS OF PALM BEACH COUNTY,FLORIDA. AND 08-43-45-21-22-004-0103 THE SOUTH 25 FEET OF LOT 10,BLOCK 4,THE MEEKS AND ANDREWS ADDITION TO BOYNTON,FLA,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5,PAGE 84,PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. AND 08434521220040102 THE NORTH 25 FEET OF THE SOUTH SO FEET DF LOT 10,BLOCK 4,THE MEEKS AND ANDREWS ADDTTTON TO BOYNTON,FLA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5,PAGE 84,PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. AND 08434521220040104 THE NORTH 25 FEET OF THE SOUTH 75 FEET OF LOT 10,BLOCK 4,THE MEEKS AND ANDREWS ADDITION TO BOYNTON BEACH,FLA,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5,PAGE B4,PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA.